Florida Senate - 2014                                     SB 390
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00458-14                                            2014390__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; providing an exemption from public
    4         records requirements for certain identifying
    5         information of specific current and former personnel
    6         of the Department of Health and the spouses and
    7         children of such personnel, under specified
    8         circumstances; providing for future legislative review
    9         and repeal of the exemption under the Open Government
   10         Sunset Review Act; providing a statement of public
   11         necessity; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (d) of subsection (4) of section
   16  119.071, Florida Statutes, is amended to read:
   17         119.071 General exemptions from inspection or copying of
   18  public records.—
   19         (4) AGENCY PERSONNEL INFORMATION.—
   20         (d)1. For purposes of this paragraph, the term “telephone
   21  numbers” includes home telephone numbers, personal cellular
   22  telephone numbers, personal pager telephone numbers, and
   23  telephone numbers associated with personal communications
   24  devices.
   25         2.a.(I) The home addresses, telephone numbers, social
   26  security numbers, dates of birth, and photographs of active or
   27  former sworn or civilian law enforcement personnel, including
   28  correctional and correctional probation officers, personnel of
   29  the Department of Children and Families whose duties include the
   30  investigation of abuse, neglect, exploitation, fraud, theft, or
   31  other criminal activities, personnel of the Department of Health
   32  whose duties are to support the investigation of child abuse or
   33  neglect, and personnel of the Department of Revenue or local
   34  governments whose responsibilities include revenue collection
   35  and enforcement or child support enforcement; the home
   36  addresses, telephone numbers, social security numbers,
   37  photographs, dates of birth, and places of employment of the
   38  spouses and children of such personnel; and the names and
   39  locations of schools and day care facilities attended by the
   40  children of such personnel are exempt from s. 119.07(1).
   41         (II) The names of the spouses and children of active or
   42  former sworn or civilian law enforcement personnel and the other
   43  specified agency personnel identified in sub-sub-subparagraph
   44  (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the
   45  State Constitution.
   46         (III) Sub-sub-subparagraph (II) is subject to the Open
   47  Government Sunset Review Act in accordance with s. 119.15, and
   48  shall stand repealed on October 2, 2018, unless reviewed and
   49  saved from repeal through reenactment by the Legislature.
   50         b. The home addresses, telephone numbers, dates of birth,
   51  and photographs of firefighters certified in compliance with s.
   52  633.408; the home addresses, telephone numbers, photographs,
   53  dates of birth, and places of employment of the spouses and
   54  children of such firefighters; and the names and locations of
   55  schools and day care facilities attended by the children of such
   56  firefighters are exempt from s. 119.07(1).
   57         c. The home addresses, dates of birth, and telephone
   58  numbers of current or former justices of the Supreme Court,
   59  district court of appeal judges, circuit court judges, and
   60  county court judges; the home addresses, telephone numbers,
   61  dates of birth, and places of employment of the spouses and
   62  children of current or former justices and judges; and the names
   63  and locations of schools and day care facilities attended by the
   64  children of current or former justices and judges are exempt
   65  from s. 119.07(1).
   66         d.(I) The home addresses, telephone numbers, social
   67  security numbers, dates of birth, and photographs of current or
   68  former state attorneys, assistant state attorneys, statewide
   69  prosecutors, or assistant statewide prosecutors; the home
   70  addresses, telephone numbers, social security numbers,
   71  photographs, dates of birth, and places of employment of the
   72  spouses and children of current or former state attorneys,
   73  assistant state attorneys, statewide prosecutors, or assistant
   74  statewide prosecutors; and the names and locations of schools
   75  and day care facilities attended by the children of current or
   76  former state attorneys, assistant state attorneys, statewide
   77  prosecutors, or assistant statewide prosecutors are exempt from
   78  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   79         (II) The names of the spouses and children of current or
   80  former state attorneys, assistant state attorneys, statewide
   81  prosecutors, or assistant statewide prosecutors are exempt from
   82  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   83         (III) Sub-sub-subparagraph (II) is subject to the Open
   84  Government Sunset Review Act in accordance with s. 119.15, and
   85  shall stand repealed on October 2, 2018, unless reviewed and
   86  saved from repeal through reenactment by the Legislature.
   87         e. The home addresses, dates of birth, and telephone
   88  numbers of general magistrates, special magistrates, judges of
   89  compensation claims, administrative law judges of the Division
   90  of Administrative Hearings, and child support enforcement
   91  hearing officers; the home addresses, telephone numbers, dates
   92  of birth, and places of employment of the spouses and children
   93  of general magistrates, special magistrates, judges of
   94  compensation claims, administrative law judges of the Division
   95  of Administrative Hearings, and child support enforcement
   96  hearing officers; and the names and locations of schools and day
   97  care facilities attended by the children of general magistrates,
   98  special magistrates, judges of compensation claims,
   99  administrative law judges of the Division of Administrative
  100  Hearings, and child support enforcement hearing officers are
  101  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  102  Constitution if the general magistrate, special magistrate,
  103  judge of compensation claims, administrative law judge of the
  104  Division of Administrative Hearings, or child support hearing
  105  officer provides a written statement that the general
  106  magistrate, special magistrate, judge of compensation claims,
  107  administrative law judge of the Division of Administrative
  108  Hearings, or child support hearing officer has made reasonable
  109  efforts to protect such information from being accessible
  110  through other means available to the public.
  111         f. The home addresses, telephone numbers, dates of birth,
  112  and photographs of current or former human resource, labor
  113  relations, or employee relations directors, assistant directors,
  114  managers, or assistant managers of any local government agency
  115  or water management district whose duties include hiring and
  116  firing employees, labor contract negotiation, administration, or
  117  other personnel-related duties; the names, home addresses,
  118  telephone numbers, dates of birth, and places of employment of
  119  the spouses and children of such personnel; and the names and
  120  locations of schools and day care facilities attended by the
  121  children of such personnel are exempt from s. 119.07(1) and s.
  122  24(a), Art. I of the State Constitution.
  123         g. The home addresses, telephone numbers, dates of birth,
  124  and photographs of current or former code enforcement officers;
  125  the names, home addresses, telephone numbers, dates of birth,
  126  and places of employment of the spouses and children of such
  127  personnel; and the names and locations of schools and day care
  128  facilities attended by the children of such personnel are exempt
  129  from s. 119.07(1) and s. 24(a), Art. I of the State
  130  Constitution.
  131         h. The home addresses, telephone numbers, places of
  132  employment, dates of birth, and photographs of current or former
  133  guardians ad litem, as defined in s. 39.820; the names, home
  134  addresses, telephone numbers, dates of birth, and places of
  135  employment of the spouses and children of such persons; and the
  136  names and locations of schools and day care facilities attended
  137  by the children of such persons are exempt from s. 119.07(1) and
  138  s. 24(a), Art. I of the State Constitution, if the guardian ad
  139  litem provides a written statement that the guardian ad litem
  140  has made reasonable efforts to protect such information from
  141  being accessible through other means available to the public.
  142         i. The home addresses, telephone numbers, dates of birth,
  143  and photographs of current or former juvenile probation
  144  officers, juvenile probation supervisors, detention
  145  superintendents, assistant detention superintendents, juvenile
  146  justice detention officers I and II, juvenile justice detention
  147  officer supervisors, juvenile justice residential officers,
  148  juvenile justice residential officer supervisors I and II,
  149  juvenile justice counselors, juvenile justice counselor
  150  supervisors, human services counselor administrators, senior
  151  human services counselor administrators, rehabilitation
  152  therapists, and social services counselors of the Department of
  153  Juvenile Justice; the names, home addresses, telephone numbers,
  154  dates of birth, and places of employment of spouses and children
  155  of such personnel; and the names and locations of schools and
  156  day care facilities attended by the children of such personnel
  157  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  158  Constitution.
  159         j. The home addresses, telephone numbers, dates of birth,
  160  and photographs of current or former public defenders, assistant
  161  public defenders, criminal conflict and civil regional counsel,
  162  and assistant criminal conflict and civil regional counsel; the
  163  home addresses, telephone numbers, dates of birth, and places of
  164  employment of the spouses and children of such defenders or
  165  counsel; and the names and locations of schools and day care
  166  facilities attended by the children of such defenders or counsel
  167  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  168  Constitution.
  169         k. The home addresses, telephone numbers, and photographs
  170  of current or former investigators or inspectors of the
  171  Department of Business and Professional Regulation; the names,
  172  home addresses, telephone numbers, and places of employment of
  173  the spouses and children of such current or former investigators
  174  and inspectors; and the names and locations of schools and day
  175  care facilities attended by the children of such current or
  176  former investigators and inspectors are exempt from s. 119.07(1)
  177  and s. 24(a), Art. I of the State Constitution if the
  178  investigator or inspector has made reasonable efforts to protect
  179  such information from being accessible through other means
  180  available to the public. This sub-subparagraph is subject to the
  181  Open Government Sunset Review Act in accordance with s. 119.15
  182  and shall stand repealed on October 2, 2017, unless reviewed and
  183  saved from repeal through reenactment by the Legislature.
  184         l. The home addresses and telephone numbers of county tax
  185  collectors; the names, home addresses, telephone numbers, and
  186  places of employment of the spouses and children of such tax
  187  collectors; and the names and locations of schools and day care
  188  facilities attended by the children of such tax collectors are
  189  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  190  Constitution if the county tax collector has made reasonable
  191  efforts to protect such information from being accessible
  192  through other means available to the public. This sub
  193  subparagraph is subject to the Open Government Sunset Review Act
  194  in accordance with s. 119.15 and shall stand repealed on October
  195  2, 2017, unless reviewed and saved from repeal through
  196  reenactment by the Legislature.
  197         m.The home addresses, telephone numbers, dates of birth,
  198  and photographs of current or former personnel of the Department
  199  of Health whose duties include the investigation or prosecution
  200  of complaints filed against health care practitioners or the
  201  inspection of practitioners or facilities licensed by the
  202  Department of Health; the names, home addresses, telephone
  203  numbers, dates of birth, and places of employment of the spouses
  204  and children of such personnel; and the names and locations of
  205  schools and day care facilities attended by the children of such
  206  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
  207  the State Constitution if the personnel have made reasonable
  208  efforts to protect such information from being accessible
  209  through other means available to the public. This sub
  210  subparagraph is subject to the Open Government Sunset Review Act
  211  in accordance with s. 119.15 and shall stand repealed on October
  212  2, 2019, unless reviewed and saved from repeal through
  213  reenactment by the Legislature.
  214         3. An agency that is the custodian of the information
  215  specified in subparagraph 2. and that is not the employer of the
  216  officer, employee, justice, judge, or other person specified in
  217  subparagraph 2. shall maintain the exempt status of that
  218  information only if the officer, employee, justice, judge, other
  219  person, or employing agency of the designated employee submits a
  220  written request for maintenance of the exemption to the
  221  custodial agency.
  222         4. The exemptions in this paragraph apply to information
  223  held by an agency before, on, or after the effective date of the
  224  exemption.
  225         5. Except as otherwise expressly provided in this
  226  paragraph, this paragraph is subject to the Open Government
  227  Sunset Review Act in accordance with s. 119.15, and shall stand
  228  repealed on October 2, 2017, unless reviewed and saved from
  229  repeal through reenactment by the Legislature.
  230         Section 2. The Legislature finds that it is a public
  231  necessity that the home addresses, telephone numbers, dates of
  232  birth, and photographs of current or former personnel of the
  233  Department of Health whose duties include the investigation or
  234  prosecution of complaints filed against health care
  235  practitioners or the inspection of practitioners or facilities
  236  licensed by the Department of Health; that the names, home
  237  addresses, telephone numbers, dates of birth, and places of
  238  employment of the spouses and children of such personnel; and
  239  that the names and locations of schools and day care facilities
  240  attended by the children of such personnel be made exempt from
  241  public record requirements. The Legislature finds that the
  242  release of such identifying and location information might place
  243  current or former personnel of the Department of Health whose
  244  duties include the investigation or prosecution of complaints
  245  filed against health care practitioners or the inspection of
  246  practitioners or facilities licensed by the Department of Health
  247  and their family members in danger of physical and emotional
  248  harm from disgruntled individuals who have contentious reactions
  249  to actions carried out by personnel of the Department of Health,
  250  or whose business or professional practices have come under the
  251  scrutiny of investigators and inspectors of the Department of
  252  Health. The Legislature further finds that the harm that may
  253  result from the release of such personal identifying and
  254  location information outweighs any public benefit that may be
  255  derived from the disclosure of the information.
  256         Section 3. This act shall take effect upon becoming a law.